Rajasthan HC links relief in civil dispute to tree plantation, orders quarterly proof till suit ends
High Court directs defendants to plant and nurture 25 trees, submit photos every three months as condition for relief.
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The bench of Justice Anoop Kumar Dhand
Jaipur: In an environmentally conscious order, the Rajasthan High Court has directed defendants in a civil dispute to plant and nurture 25 shade-bearing trees and submit photographic proof every three months until final disposal of the suit.
Justice Anoop Kumar Dhand, while setting aside an ex-parte decree and granting conditional relief to the defendants, imposed a set of restorative conditions aimed at balancing procedural justice with environmental responsibility.
As part of the conditions, the court ordered the defendants to pay Rs.25,000 to the plaintiffs within 15 days from receipt of the certified copy of the order. In addition, they were directed to plant 25 shade-bearing trees in a public area in their vicinity within two weeks and ensure their proper upkeep.
The High Court went a step further by mandating continued accountability. The defendants have been directed to submit photographs of the planted trees along with an undertaking before the trial court confirming compliance with the directions. They must also file fresh photographs at the end of every three months each year, demonstrating that the trees are being properly maintained, until the suit is finally decided.
The court made it clear that the responsibility of nurturing the saplings would remain with the defendants until the trees grow and attain proper shape, underscoring that plantation without maintenance would not satisfy the spirit of the order.
The directions were issued while allowing an application for setting aside an ex-parte judgment in a long-pending civil suit, where the High Court found that mandatory procedures relating to service of summons had not been properly followed by the trial court.
Legal observers note that such conditions reflect a growing judicial trend of incorporating environmental consciousness into procedural orders, especially while granting discretionary relief. The approach seeks to ensure that while litigants are granted legal remedies, they also contribute positively to the community.
The matter will now proceed before the trial court on merits, with the High Court’s conditions remaining operative throughout the pendency of the suit.
Case Title
Devkrishna & Others vs Kaluram & Others
S.B. Civil Miscellaneous Appeal No. 5868/2019
Court
High Court of Judicature for Rajasthan, Bench at Jaipur
Bench
Justice Anoop Kumar Dhand
